The right to translation

(according to Article 60 of Law 4478/2017)

If the victim does not understand or speak Greek, he or she may submit the complaint in a language he or she understands or receive the necessary language assistance, but always under the terms and conditions set out in the Code of Criminal Procedure or other specific criminal laws of which he or she will be informed by the competent official. You can request a free translation of the copy of the complaint.

Regarding the right of victims to interpretation and translation, the law provides the following (article 60 of Law 4478/2017):

1. At any stage of the criminal proceedings, when a victim who does not speak or does not sufficiently understand Greek is to be examined, he or she shall be provided with free interpretation without delay. Where necessary, interpretation shall be provided for communication between a victim who has lodged a civil action and his or her lawyer at all stages of the criminal proceedings. The right to interpretation referred to in the above subparagraphs shall include appropriate assistance to persons with hearing or speech impairments. If interpretation is otherwise impossible, interpretation of the interpretation through a third language may take place.

2. If necessary, communication technology such as videoconferencing, telephone, or the internet may be used, unless the physical presence of the interpreter is deemed necessary by the examiner.

3. A victim who does not understand or does not speak Greek shall be provided with the following within a reasonable period of time and upon written request:

• (a) a written translation of the information essential for the exercise of his or her rights in the criminal proceedings, in a language he or she understands, free of charge and to the extent that this information is made available to victims in Greek,
• (b) a written translation, in a language which he or she understands, of the information and documents referred to in paragraph 1 of Article 59 of the

present Law.

4. A victim who has lodged a civil action and who does not understand the language of the criminal proceedings shall be provided, within a reasonable period of time, with a written translation of all essential documents or passages of documents in the proceedings which are essential for the exercise of his or her rights in the criminal proceedings. A victim who has lodged a civil action or his or her attorney may submit a reasoned request for the designation of documents or passages of documents as essential. There is no requirement to translate passages of essential documents which do not contribute to the active participation of victims in the criminal proceedings.

5. In cases of extreme urgency, the written translation may be replaced by an oral translation or oral summary of the content of the essential documents, provided that such oral translation or oral summary does not prejudice the course of a fair trial.

6. A victim who has lodged a civil action or his or her designated attorney may object to a decision finding that no translation of documents or parts of documents is required or when the quality of the translation is inadequate. Objections shall be decided upon by the Public Prosecutor in the pre-trial stage, by the Judicial Council in the pretrial judicial investigation, and by the Court in the main proceedings.

7. The victim has the right to waive the right to translation of documents provided that he or she has previously consulted a lawyer or is otherwise fully aware of the consequences of the waiver. The waiver must be the product of the person’s free will and must not contain any term or contingency.

8. At each stage of the criminal proceedings, the competent law enforcement, prosecuting or judicial authority shall ascertain by all appropriate means whether the victim speaks and understands Greek adequately and whether he or she requires the assistance of an interpreter. The victim has the right to object to a decision finding that interpretation is not necessary or when the quality of the interpretation is not adequate. Objections shall be decided upon by the Public Prosecutor in the pre-trial stage, by the Judicial Council in the pretrial judicial investigation, and by the Court in the main proceedings.

9. Interpretation and translation, as well as any review of a challenge to a decision not to provide interpretation or translation, under this Article, shall not unduly delay the criminal proceedings.

10. The provisions of paragraphs 2 and 3 of Article 233, Article 234, 235 and 236 of the Code of Criminal Procedure shall apply as regards the procedure for the appointment of the interpreter, his or her qualifications, issues preventing him or her from attending, his or her obligations to accept his or her duties, and his or her oath.

11. When a translation of documents which necessarily requires a long period of work is to be carried out, a deadline shall be set for the interpreter to deliver the translation. The time limit may be extended and, if it expires, the interpreter appointed shall be terminated and another shall be appointed. The same shall apply if the person appointed performs his or her duties in an inadequate or negligent manner. Exceptionally, where the victim does not speak Greek and it proves difficult to appoint a suitable interpreter, he or she may give written testimony in a foreign language during the ordinary investigation. The statement shall be included in the case file together with the translation, which shall be completed at a later date in accordance with the above.

12. When there is insufficient knowledge of the language, an interpreter may exceptionally be appointed to act as the interpreter’s interpreter.

13. The examination of the victim at each stage of the criminal proceedings, when it is conducted with the assistance of an interpreter or when there is an oral translation or summary of key documents or when the victim waives the right to translation, shall be the subject of a report or shall be specifically mentioned in the report drawn up by the competent body.